6
Conservation Commission
One Liberty Lane
Norfolk, MA 02056
Meeting of May 27, 2015
7:00PM
Commission Members / OthersJohn Weddleton –Chair ------present / Janet DeLonga ---Agent ------present
Joyce Terrio—----V. Chair ------present / Marie Simpson –Ad. Asst.------present
Patrick Touhey ----Member ----- absent
Dan Crafton ------Member ----- present
Michelle Lauria --- Member ---- present
Jim Gursha --- Member ------absent
The duly posted meeting of the Norfolk Conservation Commission convened at 7:10 p.m. in room 124 at the Norfolk Town Hall. The meeting was videotaped by NCTV.
VOUCHERS:
The Commission signed two vouchers to close out the consultant review accounts for 106 and 108 Main Streets.
MINUTES:
Mrs. Terrio made the motion to accept the Minutes of April 8, 2015. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
The Commission reviewed the April 22, 2015 notes.
ACTION ITEMS:
A written request was received to issue a Certificate of Release for the expired Order of Conditions that encumber 30 Berkshire Street. Mrs. Terrio made the motion to issue the Certificate of Release for 30 Berkshire Street. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
Mr. James Susi from United Consultants gave a brief overview of the septic repair project proposed at 47 Leland Road. The hearing was previously closed and an Order of Conditions was issued on April 22, 2015. Mrs. Terrio made the motion to issue the Order of Conditions as drafted. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
The Commission affirmed the vote taken on April 22, 2015 to lift the Enforcement Order issued against Pulte Homes of New England. Mrs. Terrio made the motion to release the Enforcement Order. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
The Commission affirmed the vote taken on April 22, 2015 to allow Pulte Homes to construct a drainage swale in the Maple Street open space parcel subject to a Conservation Restriction placed on Lot 4 Warren Drive. The Commission will hold the Restriction which will preserve this lot as open space. Mrs. Terrio made the motion to allow Pulte Homes to construct a stormwater drainage swale on the Maple Street Open Space subject to a Conservation Restriction on Lot 4 Warren Drive. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
The Commission noted that the Order of Condition, DEP/NCC #240-528 issued to the Town of Norfolk Recreation Commission on May 10, 2012 will expire on May 10, 2017. The Orders are subject to a two year extension under the Permit Extension Act. A letter will be drafted to the Recreation Commission.
Princess Equipment Company forwarded a letter, dated May 26, 2015, requesting a Certificate of Compliance for the construction of a driveway at 18 Medway Branch. Ms. DeLonga noted that there are still some outstanding issues related to compensatory flood storage. Ms. Delonga will contact the Applicant.
The Commission is awaiting a letter from the Norfolk Trout Club regarding their contention that they are an aquacultural entity and exempt from the Wetland Act.
CORRESPONDENCE:
A letter was forwarded to the Department of Corrections, dated May 18, 2015, related to monitoring wells at supply well #2 at the correctional facility on Clark Street.
A letter from the Building Inspector, dated May 6, 2015, was received regarding a zoning violation on Campbell Street. The owner of the property has been in communication with the Town regarding purchase of the property.
PUBLIC HEARING:
7:25 PM- Warren Ave/Maple Street drainage- DEP/NCC #240-567. Michael Risotti, P.E. and Mark Mastroianni from Pulte Homes were present. Mr. Risotti recapped the information presented at the meeting of 4/22/15. He stated that Pulte Homes has worked out an easement agreement with the property owners of lots 82 and 83 to bring the drainage from upper Warren Ave. to a discharge point on the Maple Street Open Space parcel. With this arrangement they will be able to minimize the cuts from 25 feet to 15 feet. They would like to close the hearing this evening. Mr. Mastroianni noted that Pulte Homes is in the process of preparing a Conservation Restriction (CR) to encumber Lot 4 Warren Avenue in perpetuity. Mr. Mastroianni stated that the CR will be very clear in identifying and describing Lot 4. The lot, when cleaned and re-vegetated must be of equal value and function as the land in use for the drainage. The use of the open space land for the discharge of the stormwater was approved by the Board of Selectmen and the Conservation Commission. The Planning Board is holding a monetary bond for the project.
The immediate abutter, Mr. Searle, had forwarded photos of construction debris and brush piles on Lot 4 Warren Drive to the Commission. The photos were hand delivered to the Applicant. Mr. Mastroianni was advised by Mr. Weddleton to clean the lot soon. The Commission reviewed the draft Order of Conditions. A condition was included to check the wetland vegetation on Maple Street that was impacted by siltation. If there are any issues with the vegetation the Applicant’s wetland consultant, Mickey Marcus, from New England Environmental will be called to address the issue.
Mrs. Terrio made the motion to close the public hearing. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
Mrs. Terrio made the motion to approve the Order of Conditions with the noted changes. Mr. Crafton seconded the motion. The vote on the motion was unanimous. The members signed the Orders.
Mr. Risotti noted that the contractor requested permission to use the existing 12 foot wide path to drive heavy vehicles to the swale area in addition to the area between lots 82 and 83. He stated that any damage to the open space property would be repaired. He would propose installing silt fence on both sides of the path. No additional trees would have to be removed. Mr. Risott stated that the project would go much faster as they could work on the installation of the pipe and install the rock swale simultaneously. Mrs. Terrio stated that the Commission spent a lot of time reviewing and approving this project and now Pulte is asking the Commission to review another change after the hearing is closed. Mr. Crafton noted that the request would result in two areas being disturbed instead of one area.
Mrs. Lauria, Mr. Crafton and Mrs. Terrio verbally did not approve the change.
PUBLIC HEARING:
7:40 PM - 47 Seekonk Street – DEP/NCC #240-564 – The Applicant, Guaranteed Builders, requested via e-mail a continuation to June 10th in order to properly address the concerns of the Commission’s consultant. Mrs. Terrio made the motion to continue the hearing to 7:45 PM on June 10th. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
PUBLIC HEARING:
7:41 PM - Fredrickson Road (ANRAD)–DEP/NCC #240-567. Mr. Merrikin recapped his April 22nd presentation of the wetland resources. He presented a letter dated May 27, 2015 to the members. The issues that were discussed at the last meeting were addressed in the letter. Mr. Merrikin noted that the Inland Restricted Wetland line does not match up with the actual wetland line. He stated that it is his practice to apply the Restricted Wetlands to the actual wetland boundary on the site. He stated that he overlaid the MassGIS map over the site to determine the NHESP boundary. He matched up the site’s physical structures such as houses and roads with the NHESP boundaries and came up with a boundary. He noted that the upper isolated wetland has dried up. He stated that this resource area does not meet the definition of a vernal pool. It is still an ILSF. Newer flags were installed at the site. The flags will be included on a plan that he will submit tomorrow.
Ms. DeLonga stated that she wants to see the newer flags on a revised plan that would show the maximum extent of the flooding. Ms. DeLonga noted that she had visited the site this week and observed egg masses in the small amount of water that was remaining. Ms. Delonga noted that vernal pool species always return to the area where they lay their eggs. Ms. DeLonga stated that this resource area is still protected as a certifiable vernal pool and would want to see the 100 foot buffer protected as provided under the Norfolk Wetlands Bylaw. Mr. Merrikim stated that he has contacted Russ Waldron of AES to start the vernal pool certification.
Mrs. Sally Vesty of 9 Frederickson Road stated that the neighborhood children including her own children skate on this frozen vernal pool in the winter.
Mrs. Terrio made the motion to continue the hearing to June 10, 2015 at 8:00PM. Mr. Crafton seconded the motion. The vote on the motion was unanimous.
7:50PM - 20 Valley Street – DEP/NCC #240-569. Mr. Al Quaglieri was present. Also present was the immediate abutter, Betsey Whitney, of 26 Valley Street. Mr. Quaglieri recapped the information that he presented at the meeting of April 22nd. He noted that the project consists of two- one bedroom duplex buildings. The dwellings, which were formerly located 25 feet from the front lot line on the first plan, were pushed back further into the lot by three feet so that they will now be located 28 feet off Valley Street. The rear deck of one unit will now encroach further into the 50 foot no disturb buffer. Each unit will consist of a one story, 1000 square foot house with a one car attached garage. The proposed duplexes will be 30 feet apart. The revised plan shows that the building closest to the Whitney property was moved 7 feet closer to that property for a total distance of 38 feet from the property line. The zoning setback is 15 feet. The units will be serviced by municipal water and an on-site septic system. Ms. DeLonga noted that for new lots formed after the effective date of the Regulations, which is May 1999, it is presumed that alteration to the 50-100 foot buffer can be avoided. Mitigation for all buffer zone alteration is required.
Ms. Delonga stated that this is a new lot that was formed in 2013 and they should address the proposed 20,000 square feet of 50-100 foot buffer disturbance. The disturbance within the 0-50 foot no disturb buffer is 493 square feet. The applicant is proposing to mitigate for the work in the 0-50 foot no disturb. Mr. Weddleton noted that the disturbance would have to be mitigated fully.
Mr. Quaglieri stated that he sidestepped creating a commercial use on this lot. He stated that this plan represents the residential use allowed in this district. He felt that the residential use was mitigation for not putting in a commercial structure. Mr. Crafton questioned how a commercial development would threaten the environment. Mr. Quaglieri stated that when the doors are closed behind a commercial entity no one knows what goes on behind the doors. He noted that if the property were sold for a commercial use, no one knows what could be occurring to harm the environment. Mr. Quaglieri stated that there are commercial lots across the street from this lot.
Ms. DeLonga proposed more tweaking to the plan to allow for greater preservation of the 50-100 foot buffer. She noted that pulling in the development could reduce the disturbance numbers. Mr. Weddleton noted that he did think that this project could come close to mitigating 20,000 square feet of disturbance. Ms. DeLonga noted that mitigation could take other forms as well. Mr. Crafton noted that he has not seen the best design for the site as yet. He noted that 20,000 square feet of disturbance without mitigation is not acceptable to him. He noted that in the past the Commission has denied projects for lack of mitigation. Mr. Weddleton noted that the residential project was proposed at the behest of a neighbor. Mr. Quaglieri stated that he could propose a two or three level apartment building with a parking lot, lights and drainage. That type of design would reduce the amount of disturbance in the 50-100 buffer. Mr. Quaglieri stated that he increased the area of disturbance by separating the buildings from 15 feet to 30 feet. Mr. Quaglieri noted that he was not aware until this evening that this parcel was a newly created lot in 2013. Mr. Crafton noted that the Commission does not regulate the type of use, only if the building fits into the site with appropriate mitigation. He is also interested in the type of mitigation proposed. Mr. Crafton noted that it would not be considered mitigation to reduce the number of families that could fit on the parcel as you must create mitigation for the land that you are disturbing. Mr. Quaglieri stated that he could reduce the buffer zone impact by approximately 20% by designing an apartment complex. He noted that mitigation is not credited if it is proposed in the 50-100 foot buffer.
Mr. Weddleton recommended that Mr. Quaglieri speak to his engineer and to the Agent to come up with some forms of mitigation that would satisfy the Commission.
Mrs. Betsey Whitney, the immediate neighbor at 26 Valley Street, stated that Mr. Quaglieri had visited her and proposed the residential development in lieu of commercial. She stated that she would prefer residential development, which was what the neighborhood consisted in the 1700’s. She stated that she would want the regulations to be followed and the mitigation to be as good as possible.
Mrs. Terrio made the motion to continue the hearing to June 10, 2015 at 8:10 PM. Mr. Crafton seconded the motion. The vote on the motion was unanimous. The hearing adjourned at 8:25PM.